NRC-2024-0085, Response from State of MD Regarding Review of EA for Calvert Cliffs Exemption Request

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Response from State of MD Regarding Review of EA for Calvert Cliffs Exemption Request
ML24131A120
Person / Time
Site: Calvert Cliffs, 07200078, 07201032  Constellation icon.png
Issue date: 05/09/2024
From: Seaman S
State of MD, Dept of Natural Resources
To: Christine Pineda
NRC/NMSS/DREFS
References
NRC-2024-0085
Download: ML24131A120 (1)


Text

From: Shawn Seaman -DNR-To: Christine Pineda (She/Her)

Subject:

[External_Sender] Re: Request: State review of the Calvert Cliffs exemption request environmental assessment Date: Thursday, May 9, 2024 12:52:43 PM

Christine,

I am writing in reply to your email dated April 29, 2024, with the subject heading Request: State review of the Calvert Cliffs exemption request environmental assessment.

Per your request, the State of Maryland's Power Plant Research Program (PPRP) within the Maryland Departmentof Natural Resources (MDNR) has reviewed the draft version of NRC-2024-0085, which is an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for an exemption request submitted by Constellation Energy Generation (Constellation) to permit the Calvert Cliffs Nuclear Power Plant (CCNPP) to (A) maintain nine loaded, and (B) to load six new multi-purpose canisters (MPC) with continuous basket shims (CBS) in the HI-STORM Flood/Wind (FW) MPC Storage System at the CCNPP Units 1 and 2 Independent Spent Fuel Storage Installation (ISFSI) in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance (CoC) No. 1032, Amendment No. 1, Revision No. 1 are not met.

In the draft version of NRC-2024-0085, NRC states that the no-action alternative would result in undue potential human health and safety impacts that could be avoided by proceeding with the proposed exemption, especially given that the staff has concluded in NRCs Safety Determination Memorandum, issued with respect to the enforcement action against Holtec regarding these violations, that fuel can be stored safety (sic) in the MPC-37-CBS canisters. NRC also states that a FONSI is appropriate, and an environmental impact statement is not warranted.

Based on the information provided in the draft version of NRC-2024-0085, PPRP supports NRCs intent to grant Constellations exemption request because it is more protective of worker safety, the environment and natural resources than the no-action alternative, which would require removal of the spent fuel from the nine MPC-CBS containers from the ISFSI to the spent fuel pool.

The review of the draft version of NRC-2024-0085 highlighted the importance of licensee understanding of, and compliance with, the provisions of 10 CFR 72.48(c). In conjunction with the guidance provided by NRC in Regulatory Guide 3.72, Revision 1 (September 2020), PPRP encourages the NRC to seek additional opportunities to further licensee understanding of the 10 CFR 72.48(c) proposed change evaluation criteria, and to enhance enforcement activities to promote licensee compliance with proposed actions requiring revision of the CoC based on the requirements set forth in 10 CFR 72.48(c).

Finally, please note that these comments are applicable to the draft version of NRC-2024-0085 as provided on April 29, 2024, via e-mail. PPRP reserves the right to amend these comments if the final version of NRC-2024-0085 contains substantive changes.

Sincerely,

Shawn Seaman Power Plant Siting Assessor II Power Plant Research Program Department of Natural Resources Tawes State Office Building 580 Taylor Ave., B-3 Annapolis, MD 21401 410-260-8662 (office) 443-699-6386 (cell) shawn.seaman@maryland.gov

Power Plant Research Program

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On Mon, Apr 29, 2024 at 9:13AM Christine Pineda (She/Her) < Christine.Pineda@nrc.gov>

wrote:

Hello Shawn,

As I indicated in my email to you of April 18, Im attaching for your review a draft environmental assessment for an exemption, in accordance with Title 10 of the Code of Federal Regulations 72.7, from certain requirements applicable to the use of HI-STORM 100 Cask System or the HI-STORM Flood/Wind (FW) Multi-purpose Canister (MPC) Storage System. This request is for the Calvert Cliffs Nuclear Power Plant, Units 1 and 2. Please review the attached draft EA and let me know if you have any comments by May 13, 2024. I apologize for the quick turnaround on this matter.

Feel free to call me if you have any questions.

Thank you,

Christine

Christine Pineda

Environmental Project Manager

U.S. Nuclear Regulatory Commission

Christine.Pineda@nrc.gov

301-415-6789